Terms and Conditions
This Agreement governs all use of the Website and all Content, services and products available at or through the Website. The term “use” and variations thereof mean and include access, interaction, sending and receiving information, downloading and uploading, posting, browsing, making purchases or sales (if applicable), obtaining or providing customer service and engaging in any other activity or using the features and functions of the Website, as a visitor or otherwise.
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services will be subject to the terms and conditions of this Agreement.
Please read this Agreement carefully before using the Website. By using the Website, you expressly accept and agree to be bound by and abide by all the terms and conditions contained in this Agreement. You affirm that you are 18 years of age or older and are fully competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement.
Do not use the Website if you do not accept and agree to be bound by this Agreement or if any of the above statements are untrue.
USE OF PERSONAL INFORMATION
Under this Agreement, we grant you a limited, revocable, non-transferable right to use the Website for your personal, non-commercial use only. You obtain no other rights, interest or claim to the Website or any aspect of the Website at all.
You may not:
- Use manual or automated means, including spiders, robots, crawlers, data mining tools, or the like, to download, catalog, copy, collect or scrape any data (including any third party data) or Content from the Website;
- Copy, aggregate, display, distribute, modify, transmit, adapt, perform or create derivative works of the Website or any Content or data posted or found therein;
- Attempt to gain unauthorized access to computer systems owned or controlled by us, other users, suppliers or other third parties, or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance of, or impairs the functionality of the Website;
- Create links to any portion of our Website, or “deep link” into our Website or any portion thereof.
You acknowledge and agree that the Website is proprietary to the Company, and that we own all of its contents, including all names, logos, brands, trade names, service and trademarks which appear on the Website, as well as all of the icons, characters, artwork, designs, images, graphics, music, games, text, software, databases and all copyrightable or otherwise legally protected elements of the Website including, without limitation, the selection, sequence and "look and feel" and arrangement of items (“Content“), and all programming, codes, scripts in any form and format associated with or applicable to the Website (“Code“). All Content and Code are included within the meaning of the term “Website” and the Website is protected by copyright and other intellectual property laws. We require users to respect all laws and regulations that apply to our Website. We will act expeditiously to remove content on the Website that we are notified infringes the copyright of others and, without limiting our remedies or actions, we have the right to block and disable use of our Website by anyone who infringes the rights of others or violates this Agreement. We take protection of rights, our own and others, very seriously. We may employ multiple measures to: (i) prevent infringement on our Website, and (ii) attempt to end any infringement when it comes to our attention.
THIRD-PARTY CONTENT AND WEBSITES
The Website may contain references, URLs, links and other material related to or associated with websites, content, information and/or material of third parties, and third-party sites, such as Facebook, Twitter, Instagram, and YouTube, may host and display our branded social media fan pages or other information pertaining to the Company. You should understand that we do not control, are not responsible for, do not monitor or endorse, have no obligation or responsibility, and do not incur or accept any liability for these third party sites or pages, including, without limitation any information submitted by you or any other individual to any such third party websites. These third parties, not us, are solely responsible for their websites, content, information and materials and their terms and conditions, including any privacy policies or statements, and all of their goods and services even if any one or more of our logos or sponsorship identification may be used by them, whether as part of a co-branding or promotional arrangement or otherwise.
SUBMISSION OF IDEAS
Do not send us any of your original ideas (each, an “Idea”). If you do, you are agreeing that your submission is entirely voluntary, non-confidential, gratuitous, and non-committal. We have no obligation to treat any Idea as confidential or proprietary and we have the right to use or disregard, in whole or in part, any Ideas. We will not be liable for the use of any Idea nor will we incur or accept any liability, even if we adopt, use or implement anything that is similar or even identical to any Idea you submit. If you submit an Idea to us, we will have the right to use, exploit and do with the Idea as we determine, without notice or compensation, as if the Idea was original and proprietary to us.
Portions of the Website may provide you with the opportunity to submit, post, display, transmit, exchange or otherwise make available (“Post”) information, opinions, testimonials, questions, send-a-friend emails, comments, messages, graphics, photographs, caricatures, likenesses, animation, spoken statements, music, audio, video, voice reproductions, computer graphics, visual effects or any other material, content or information (each, a “Posting”). By Posting to the Website, you grant us an irrevocable, worldwide, royalty-free, unconditional and unrestricted, perpetual right and license to use your Posting, in any form or format, through any transmission mechanism(s), in whole or in part, in or on any and all media, whether now known or hereafter invented, discovered or devised, alone or together or in combination with other things. You forever waive and relinquish all rights, including moral rights, if any, applicable to your Posting and if you Post anything, you agree to any additional terms and conditions that may apply and that you are required to agree to in the process of obtaining the right to Post on our Website.
Please be careful what you Post, and do not Post anything you do not want to become public, because you have no expectation of or right to privacy with regard to any Posting.
You represent and warrant that each Posting: (i) is original to you or you have obtained all required rights, licenses and releases required to comply with the terms of this Agreement, including, without limitation, the rights granted to us, (ii) does and will not, violate this Agreement nor infringe upon, misappropriate or violate the rights of any other party or any law or regulation; (iii) is not harassing, obscene, libelous, tortious or otherwise unlawful, nor intended to injure, defame or cause damage or hurt of any kind to any other party; and (iv) may be used by us as permitted in this Agreement, without notice, royalty or any other payment, liability or obligation of any kind whatsoever.
Postings are the sole responsibility of the person creating such Posting, and a Posting made using your identifying information or coming from your internet protocol address will be attributable to you and you will be responsible, even if you personally did not make the Posting. Postings do not reflect the views of the Company or any of our affiliates, officers, directors, representatives or agents, but we do reserve the right (although we have no obligation), to monitor, edit or screen Postings. We also reserve the right to delete, re-format and/or change your Postings in any manner that we may determine.
Without limiting our remedies or rights of action in any manner, if we determine you have breached or may breach this Agreement, we may, without notice, at any time and from time to time (i) refuse to allow you to Post; (ii) revoke your right to use the Website; and/or (iii) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement.
Our Website has a limited and finite capacity and we also may limit use for operational and other reasons. As a result, some Postings may not be transmitted or Posted and we have no obligation to you and assume no responsibility in relation to Postings.
You agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You will not upload, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which (i) restrict or inhibit any other user from using and enjoying the Website or the Website’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) contain a virus, spyware, or other harmful component, (v) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vi) constitute or contain false or misleading indications of origin, endorsement or statements of fact.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2) (Digital Millennium Copyright Act), all notifications of claimed copyright infringement on our Website should be sent ONLY to our Designated Agent, identified below. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR ASSISTANCE, CUSTOMER SERVICE INQUIRIES, BILLING QUESTIONS, REPORTS OR E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
- E-mail Address of Designated Agent: info [@] chefjasonroberts [.] com, Subject line should read: Attn: Legal
Your Notice of Claimed Infringement must include the following:
- Your name, address, telephone number, email address and signature;
- Identification of the copyrighted work (or works) that you claim has (or have) been infringed;
- A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);
- A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Without limitation, we will treat any user who has made three (3) or more Postings for which we receive a notice of infringement as a ‘repeat infringer’ and we will terminate that user’s right to use our Website. If you become a repeat infringer, you will not thereafter have any right to use our Website.
RELEASE OF LIABILITY
You hereby release the Company, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other Website users.
We operate the Website from the United States of America and it is possible that some downloads from the Website could be subject to government export controls or other restrictions. If you download anything from or use our Website, you represent that you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the United States and using our Website from territories in which such use or the Content available from such use is illegal, restricted or not permitted, is expressly prohibited.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE WEBSITE. WE HAVE NO DUTY TO UPDATE OR MODIFY THE WEBSITE AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO.
IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE WEBSITE, THE USE OF THE WEBSITE OR OUR AGREEMENT WITH YOU CONCERNING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE-HUNDRED FIFTY DOLLARS (US $150.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
You agree to indemnify and hold the Company and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Website and/or any violation of the terms of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Website and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that: (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
During the term of this Agreement, you agree not to solicit to hire or hire our employees of whom you become aware through the use of the Website. Furthermore, you agree not to otherwise interfere with any of our other business relationships.
We may disclose to you or you may otherwise learn of or discover our documents, (Company IP as defined below), business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, or other aspects of our business (“Our Information“). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed pursuant to this Agreement. Any disclosure of Our Information to a third party, specifically including a direct competitor, is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that Our Information is proprietary, confidential, and extremely valuable to us and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation and that we shall also be entitled to injunctive relief.
For the purposes of this agreement, the term “Company IP” shall mean:
a. All inventions (whether patentable or unpatentable and whether or not reduced to practice), all improvements thereto, and all patents, patent applications, and patent disclosures filed in any jurisdiction, together with all reissuances, continuations, divisional, continuations-in-part, revisions, extensions, and reexaminations thereof;
b. All trademarks, service marks, trade dress and design marks, including all goodwill associated therewith, and all applications, registrations, and renewals in connection therewith;
c. All copyrightable works and all copyrights subsisting under the laws of any jurisdiction, and all application, registrations, and renewals in connection therewith; and
d. All trade secrets (including without limitation ideas, research and development, know-how, formulas, compositions, manufacturing and production processes and techniques, technical data, designs, drawings, specifications, customer and supplier lists, pricing and cost information, and business and marketing plans and proposals).
You understand and agree that we may, in our sole discretion and at any time, terminate your access to the Website without prior notice to you. You also understand and agree that we shall not have any liability to you or any other person for any termination of your access and/or the removal of information you have provided or posted.
If it becomes known that you willfully and intentionally violated any of our rules or manipulated the Website, sale process, or communications, we may pursue a claim for damages against you in any forum we deem appropriate.
NO PERSONAL ADVICE
The information contained in or made available through the Website (including but not limited to information contained on message boards, in text files, or in chats, if any) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or use of food items which may have medicinal properties, or preparation of such items by any person following the information offered or provided within or through the Website. Neither we nor our partners, or any of their affiliates, officers, directors, employees, representatives and agents, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
We reserve the right to charge fees, surcharges and/or membership fees for all or any of the services on the Website, even if currently provided for free, at any time upon thirty (30) days prior written notice to you.
This Agreement constitutes the entire agreement between you and the Company concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of the Company or by the posting of a revised version by us. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the state of New York, excluding its conflict of law provisions. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. by one arbitrator appointed in accordance with such rules. The arbitration shall take place in New York, NY, in the English language, and the arbitral decision may be enforced in any court of competent jurisdiction. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to and agrees to be bound by its terms and conditions. We may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.